6965083 Canada Inc. v Haynes

Landlord wins · Toronto · 2021-07-12

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

6965083 Canada Inc.

Tenant

M.H.

Landlord rep

Debra Fine

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective August 12, 2021. The Tenant must pay the Landlord $1,168.17, which represents the amount of rent owing and compensation up to July 12, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $48.47 per day for compensation for the use of the unit starting July 13, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by August 12, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by August 12, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenant can void the order and continue the tenancy by paying $3,190.22 on or before July 31, 2021, or $4,664.50 on or before August 12, 2021.